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CBP Rulings on Compactors, Garments, Candy, Thermal Conductive Greases

Tuesday, January 06, 2015
Sandler, Travis & Rosenberg Trade Report

In the Dec. 17, 2014, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to revoke or modify classification and other rulings on the following products. Comments are due by Jan. 16.

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Product: Landfill compactors, self-propelled machines designed to crush, compact and spread trash and garbage.
Proposed action: Modification of NY J89586 and revocation of NY N064482 and NY A89554.
Current classification: HTSUS 8479.89.98, other machines and mechanical appliances (2.5 percent duty).
Proposed classification: HTSUS 8479.10.00, machinery for public works (duty-free).
Explanation: Landfills are public works and the subject items are used primarily with landfills.

Product: Certain women’s garments.
Proposed action: Modification of NY N251778, NY N242940 and NY N248184.
Current determination: Garments are not eligible for duty-free treatment under free trade agreements with Peru, Central America and the Dominican Republic, and Colombia.
Proposed determination: Garments do qualify for such treatment because they meet the applicable tariff shift rules.

Also in the Dec. 17, 2014, Customs Bulletin and Decisions, CBP revoked or modified classification rulings on the following products, effective for merchandise entered or withdrawn from warehouse for consumption on or after Feb. 16.

Product: Thermal conductive greases used in the manufacture of electronic products such as printed circuit boards and other board-level products for which thermal dissipation is an important feature.
Action: Revocation of NY N144035.
New ruling: HQ H192517.
New classification: HTSUS 3910.00.00, silicones in primary form (3 percent duty).
Explanation: These products consist of organopolysiloxane paste with aluminum and zinc oxide and are therefore silicone in primary form. Furthermore, these products are silicone greases that are used for their stability at high temperatures, which is consistent with the description of the products in the explanatory notes to heading 3910.

Product: Sugar confectionery consisting of 31.5 percent fresh cream, 23.4 percent cocoa butter, 19.9 percent sugar, 10.1 percent skim milk powder, 7.7 percent whole milk powder, 2.6 percent powdered green tea, 2.6 percent lactose, 1.9 percent brandy, and less than 1 percent each of emulsifier and flavor.
Action: Modification of NY N232564.
New ruling: HQ H240495.
New classification: HTSUS 1704.90.35, other sugar confectionery not containing cocoa (5.6 percent duty).
Explanation: Cocoa butter is not considered cocoa, so the items contain no cocoa.

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